Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Finalrod IP, LLC v. Endurance Lift Solutions, Inc., No. 2:20-cv-00189 (E.D. Tex. Oct. 11, 2021)

Denied
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:20-cv-00189, Dkt. No. 133
Decided
October 11, 2021
Judge
Roy S. Payne, M.J.
Document
Memorandum Order
Docket Entry
MEMORANDUM ORDER - denying 80 Opposed MOTION to Strike Based on Judicial Estoppel
Length
6 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is the Motion to Exclude Endurance from Presenting Testimony on Certain Prior Art on the Basis of Judicial E stoppel and to Strike Certain Portions of the Expert Report of Dr. Crichlow , filed by Plaintiff Finalrod IP, LLC. Dkt. No. 8 0. The Plaintiff asks the Court to estop Dr. Henry Crichlow from offering opinions that certain prior art references invalidate the patent -in-suit because his opinions are contrary to his position in other on- going litigation. I. BACKGROUND A.